PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 359
Public Law 96-53
96th Congress
An Act
To authorize appropriations for fiscal year 1980 for international development and Aug. 14, 1979
economic assistance programs and for the Peace Corps, and for other purposes. [H.R. 3324]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, International
Development
Cooperation Act
SHORT TITLE of 1979.
SECTION 1. This Act may be cited as the "International Develop- 22 use 2151
ment Cooperation Act of 1979". ''°^-
TITLE I—DEVELOPMENT ASSISTANCE
AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION
SEC. 101. (a) Section 103(a)(2) of the Foreign Assistance Act of 1961 Appropriation
authorization.
is amended by amending the first sentence to read as follows: "There 92 Stat. 943.
are authorized to be appropriated to the President for purposes of this 22 u s e 2151a.
section, in addition to funds otherwise available for such purposes,
$659,000,000 for the fiscal year 1980.".
(b) Section 103(b) of such Act is amended by adding at the end Forestry
thereof the following new paragraph: projects.
"(3) The Congress recognizes that the accelerating loss of forests
and tree cover in developing countries undermines and offsets efforts
to improve agricultural production and nutrition and otherwise to
meet the basic human needs of the poor. Deforestation results in
increased flooding, reduction in water supply for agricultural capac-
ity, loss of firewood and needed wood products, and loss of valuable
plants and animals. In order to maintain and increase forest
resources, the President is authorized to provide assistance under
this section for forestry projects which are essential to fulfill the
fundamental purposes of this section. Emphasis shall be given to
community woodlots, agroforestry, reforestation, protection of water-
shed forests, and more effective forest management.".
(c) Section 103 of such Act is amended by adding at the end thereof National
the following new subsection: food security.
"(f) The Congress finds that the efforts of developing countries to
enhance their national food security deserves encouragement as a
matter of United States development assistance policy. Measures
complementary to assistance for expanding food production in devel-
oping countries are needed to help assure that food becomes increas-
ingly available on a regular basis to the poor in such countries.
Therefore, United States bilateral assistance under this Act and the
Agricultural Trade Development and Assistance Act of 1954, and 7 u s e 1691
United States participation in multilateral institutions, shall empha- note.
size policies and programs which assist developing countries to
increase their national food security by improving their food policies
and management and by strengthening national food reserves, with
particular concern for the needs of the poor, through measures
93 STAT. 360 PUBLIC LAW 96-53—AUG. 14, 1979
encouraging domestic production, building national food reserves,
expanding available storage facilities, reducing postharvest food
losses, and improving food distribution.''.
POPULATION AND HEALTH
Appropriation SEC. 102. (a) The first sentence of section 104(g) of the Foreign
authorization. Assistance Act of 1961 is amended to read as follows: "There are
92 Stat. 945.
22 u s e 2151b. authorized to be appropriated to the President, in addition to funds
otherwise available for such purposes—
"(1) $201,000,000 for the fiscal year 1980 to carry out subsection
(b) of this section; and
"(2) $141,000,000 for the fiscal year 1980 to carry out subsection
(c) of this section, of which amount not less than $4,000,000 shall
be made available to assist in the development of the John
Sparkman Center for International Public Health Education to
be located at the University of Alabama at Birmingham.".
OD) Section 104(d)(1) of such Act is amended by inserting immedi-
ately before the period at the end of the second sentence the
following: ", and through community-based development programs
which give recognition to people motivated to limit the size of their
families".
EDUCATION AND HUMAN RESOURCES DEVELOPMENT
Appropriation SEC. 103. (a) The second sentence of section 105(a) of the Foreign
authorization. Assistance Act of 1961 is amended to read as follows: "There are
22 u s e 2151c.
authorized to be appropriated to the President for purposes of this
section, in addition to funds otherwise available for such purposes,
$105,000,000 for the fiscal year 1980, which are authorized to remain
available until expended.".
(b) Section 105(b) of such Act is amended by adding at the end
thereof the following new sentence: "Assistance under this section
shall also be provided for advanced education and training of people
of developing countries in such disciplines as are required for
planning and implementation of public and private development
activities.".
DEVELOPMENT OF INDIGENOUS ENERGY RESOURCES
92 Stat. 937. SEC. 104. (a) Section 102(b) of the Foreign Assistance Act of 1961 is
22 u s e 2151-1. amended—
(1) in paragraph (5) by striking out "and" immediately after
the last semicolon and by inserting "; and energy development
and production" immediately before the period; and
(2) in paragraph (7) by inserting "the development, production,
and" immediately after "promotes".
22 u s e 2151d. (b) Section 106 of such Act is amended—
(1) in subsection (a)—
(A) by striking out paragraph (2), and
(B) by redesignating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively;
(2) by redesignating subsections (a) and Ot>) as subsections (c)
and (d), respectively; and
(3) by inserting the following new subsections (a) and (b)
immediately after the section caption:
"(a)(1) The Congress finds that energy development and production
are vital elements in the development process, that energy shortages
in developing countries severely limit the development process in
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 361
such countries, that two-thirds of the developing countries which
import oil depend on it for at least 90 percent of the energy which
their economies require, and that the dramatic increase in world oil
prices since 1973 has resulted in considerable economic hardship for
many developing countries. The Congress is concerned that the value
and purpose of much of the assistance provided to developing coun-
tries under sections 103,104, and 105 are undermined by the inability 92 Stat. 943.
of many developing countries to satisfy their energy requirements. 22 u s e 2151a.
92 Stat. 945.
Unless the energy deficit of the developing countries can be narrowed 22 u s e 2151b,
by more fully exploiting indigenous sources of energy such as oil, 2151c.
natural gas, and coal, scarce foreign exchange will increasingly have
to be diverted to oil imports, primarily to the detriment of long-term
development and economic growth.
"(2) The Congress recognizes that many developing countries lack
access to the financial resources and technology necessary to locate,
explore, and develop indigenous energy resources.
"(3) The Congress declares that there is potential for at least a
moderate increase by 1990 in the production of energy for commercial
use in the developing countries which are not members of the
Organization of Petroleum Exporting Countries. In addition, there is
a compelling need for vigorous efforts to improve the available data
on the location, scale, and commercial exploitability of potential oil,
natural gas, and coal reserves in developing countries, especially
those which are not members of the Organization of Petroleum
Exporting Countries. The Congress further declares that there are
many benefits to be gained by the developing countries and by the
United States and other developed countries through expanded
efforts to expedite the location, exploration, and development of
potential sources of energy in developing countries. These benefits
include, but are not limited to, the following:
"(A) The world's energy supply would be increased and the fear
of abrupt depletion would be lessened with new energy produc-
tion. This could have a positive impact upon energy prices in
international markets as well as a positive effect upon the
balance of payments problems of many developing countries.
"(B) Diversification of the world's supplies of energy from fossil
fuels would make all countries, developing and developed, less
susceptible to supply interruptions and arbitrary production and
pricing policies,
"(C) Even a moderate increase in energy production in the
developing countries would improve their ability to expand
commercial trade, foreign investment, and technology transfer
possibilities with the United States and other developed
countries.
"(4) Assistance for the production of energy from indigenous
resources, as authorized by subsection (b) of this section, would be of
direct benefit to the poor in developing countries because of the
overwhelming impact of imported energy costs upon the lives of the
poor and their ability to participate in development.
"(b)(1) In order to help developing countries alleviate their energy
problems by improving their ability to use indigenous energy
resources to produce the energy needed by their economies, the
President is authorized to furnish assistance, on such terms and
conditions as he may determine, to enable such countries to prepare
for and undertake development of their energy resources. Such
assistance may include data collection and analysis, the training of
skilled personnel, research on and development of suitable energy
sources, and pilot projects to test new methods of energy production.
93 STAT. 362 PUBLIC LAW 96-53—AUG. 14, 1979
Exploration "(2) Of the funds made available to carry out this section, up to
of potential $7,000,000 for the fiscal year 1980 shall be used for purposes of
oil, natural
gas, and paragraph (1) to facilitate geological and geophysical survey work to
coal reserves. locate potential oil, natural gas, and coal reserves and to encourage
exploration for potential oil, natural gas, and coal reserves in devel-
oping countries which are not members of the Organization of
Petroleum Exporting Countries.".
Infra. (c) Section 119(a) of such Act is amended by amending the first
sentence to read as follows: "The President is authorized to furnish
assistance under this chapter for cooperative programs with develop-
ing countries in energy production and conservation through
research on and development and use of small-scale, decentralized,
renewable energy sources for rural areas carried out as integral parts
of rural development efforts in accordance with section 103 of this
92 Stat. 943. Act.".
22 u s e 2151a.
TECHNICAL ASSISTANCE, ENERGY, RESEARCH, RECONSTRUCTION, AND
SELECTED DEVELOPMENT PROBLEMS
Appropriation SEC. 105. Section 106(d) of the Foreign Assistance Act of 1961, as so
authorization. redesignated by section 104(b)(2) of this Act, is amended to read as
Ante, p. 360.
follows:
"(d) There are authorized to be appropriated to the President for
purposes of this section, in addition to funds otherwise available for
such purposes, $125,000,000 for the fiscal year 1980, which are
authorized to remain available until expended.".
HUMAN RIGHTS STUDIES AND ACTIVITIES
22 use 2l5ln. SEC. 106. Section 116(e) of the Foreign Assistance Act of 1961 is
amended by striking out "the fiscal year 1979" and inserting in lieu
thereof "the fiscal year 1980".
RENEWABLE AND UNCONVENTIONAL ENERGY TECHNOLOGIES
92 Stat. 948. SEC. 107. (a) Section 119 of the Foreign Assistance Act of 1961 is
22 u s e 2151q. amended by redesignating existing subsection (a) as subsection (b)
and by inserting the following new subsection (a) immediately after
the section caption:
"(a) The Congress finds that energy production and conservation
are vital elements in the development process and that energy
shortages in developing countries severely limit the development
progress of such countries. Inadequate access by the poor to energy
sources as well as the prospect of depleted fossil fuel reserves and
higher energy prices require an enhanced effort to expand the energy
resources of developing countries, primarily through greater empha-
sis on renewable sources. Renewable and decentralized energy tech-
nologies have particular applicability for the poor, especially in rural
areas.".
(b) Such section is further amended by redesignating existing
subsection (b) as subsection (d) and by inserting the following new
subsection (c) between subsections (b) and (d), as so redesignated by
this subsection and subsection (a) of this section:
"(c) Such programs may include research on, and the development,
demonstration, and application of suitable energy technologies (in-
cluding use of wood); analysis of energy uses, needs, and resources;
training and institutional development; and scientific interchange.".
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 363
SAHEL DEVELOPMENT PROGRAM—IMPLEMENTATION
SEC. 108. Section 121(c) of the Foreign Assistance Act of 1961 is Appropriation
amended by inserting the following sentence immediately after the authorization.
22 u s e 2151s.
first sentence: "In addition to the amount authorized in the preceding
sentence and to funds otherwise available for such purposes, there
are authorized to be appropriated to the President for purposes of this
section $25,000,000.".
RELATIVELY LEAST DEVELOPED COUNTRIES
SEC, 109. Section 124(c)(2) of the Foreign Assistance Act of 1961 is 92 Stat. 948.
amended by adding at the end thereof the following new sentence: 22 u s e 2151V.
"Amounts due and payable during fiscal year 1980 to the United
States from relatively least developed countries on loans made under
this part (or any predecessor legislation) are authorized to be
approved for use, in accordance with the provisions of paragraph (1)
of this subsection, in an amount not to exceed $18,800,000.".
DEVELOPMENT AND ILLICIT NARCOTICS PRODUCTION
SEC. 110, Chapter 1 of part I of the Foreign Assistance Act of 1961 is
amended by adding at the end thereof the following new section:
"SEC. 126. DEVELOPMENT AND ILLICIT NARCOTICS PRODUCTION.—(a) 22 use 2i5ix
The Congress recognizes that illicit narcotics cultivation is related to
overall development problems and that the vast majority of all
individuals employed in the cultivation of illicit narcotics reside in
the developing countries and are among the poorest of the poor in
those countries and that therefore the ultimate success of any effort
to eliminate illicit narcotics production depends upon the availability
of alternative economic opportunities for those individuals, upon
other factors which assistance under this chapter could address, as
well as upon direct narcotics control efforts.
"(b) In planning programs of assistance under this chapter for
countries in which there is illicit narcotics cultivation, the agency
primarily responsible for administering this part should give priority
consideration to programs which would help reduce illicit narcotics
cultivation by stimulating broader development opportunities.
"(c) In furtherance of the purposes of this section, the agency eooperation
primarily responsible for administering this part shall cooperate with other
United States
fully with, and share its expertise in development matters with, other Government
agencies of the United States Government involved in narcotics agencies abroad.
control activities abroad.".
AMERICAN SCHOOLS AND HOSPITALS ABROAD
SEC, 111, Section 214(c) of the Foreign Assistance Act of 1961 is Appropriation
amended to read as follows: 02 9^°f^9^0°"'
"(c) To carry out the purposes of this section, there are authorized 22 use 2174
to be appropriated to the President $25,000,000 for the fiscal year
1980, which are authorized to remain available until expended,".
HOUSING AND OTHER CREDIT GUARANTY PROGRAMS
SEC. 112. (a) Section 222(a) of the Foreign Assistance Act of 1961 is 92 Stat. 950.
amended— 22 use 2182.
(1) in the second sentence by striking out "$1,180,000,000" and
inserting in lieu thereof "$1,555,000,000"; and
93 STAT. 364 PUBLIC LAW 96-53—AUG. 14, 1979
(2) in the third sentence by striking out "until September 30,
1980" and inserting in lieu thereof "through September 30,
1982".
22 u s e 2182a. (b)(1) Section 222A(a) of such Act is amended by striking out "five"
and inserting in lieu thereof "six".
(2) Section 222A(c) of such Act is amended by striking out
"$15,000,000" and inserting in lieu thereof "$20,000,000".
92 Stat. 951. (3) Section 222A(h) of such Act is amended by striking out "until
September 30, 1979" and inserting in lieu thereof "through Septem-
ber 30,1982".
92 Stat. 951. (c) Section 223(f) of such Act is amended—
22 u s e 2183. (1) by striking out everything after "not" in the first sentence
through "exceeds" in the second sentence and inserting in lieu
thereof "exceed"; and
(2) by striking out "such Department" and inserting in lieu
thereof "the Department of Housing and Urban Development".
92 Stat. 953. (d) Section 223(j) of such Act is amended—
(1) in the first sentence, by striking out "(1)" and all that
follows through "(3)" and inserting in lieu thereof "are coordi-
nated with and complementary to any development assistance
22 u s e 2151. being furnished under chapter 1 of this part and which"; and
(2) by striking out the last sentence and inserting in lieu
thereof the following: "Of the total amount of housing guaranties
22 u s e 2181. authorized to be issued under section 222 through September 30,
1982, not less than a face amount of $25,000,000 shall be issued
for projects in Israel and not less than a face amount of
$25,000,000 shall be issued for projects in Egypt.".
FAMINE PREVENTION AND FREEDOM FROM HUNGER
22 use 2220b. SEC. 113. Section 297 of the Foreign Assistance Act of 1961 is
amended—
(1) in subsection (a)(3) by inserting ", in the developing coun-
tries themselves to the maximum extent practicable," immedi-
ately after "university research"; and
(2) by amending subsection (c) to read as follows:
"(c) To the maximum extent practicable, activities under this
section shall—
"(1) be directly related to the food and agricultural needs of
developing countries;
"(2) be carried out within the developing countries;
"(3) be adapted to local circumstances;
"(4) provide for the most effective interrelationship between
research, education, and extension in promoting agricultural
development in developing countries; and
"(5) emphasize the improvement of local systems for delivering
the best available knowledge to the small farmers of such
countries.".
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
Appropriation SEC. 114. (a) Section 302(a)(1) of the Foreign Assistance Act of 1961
authorization. is amended to read as follows:
92 Stat. 952.
22 u s e 2222. "(a)(1) There are authorized to be appropriated to the President for
grants to carry out the purposes of this chapter, in addition to funds
available under any other Acts for such purposes, $267,280,000 for the
fiscal year 1980, of which not to exceed $52,000,000 shall be available
for voluntary contributions to the United Nations Relief and Works
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 365
Agency for Palestine Refugees, except that not more than $42,500,000
of this amount may be obligated unless the President certifies to the
Congress that any contributions above this level have been matched
by equivalent contributions by members of the Organization of
Petroleum Exporting Countries.".
G)) Notwithstanding any other provision of law, funds appropriated
for the fiscal year 1979 to meet the annual obligations of membership
of the United States in the United Nations and its specialized
agencies may be made available for the furnishing of technical
assistance by the United Nations and its specialized agencies.
INTERNATIONAL DISASTER ASSISTANCE
SEC. 115. Section 492 of the Foreign Assistance Act of 1961 is 92 Stat. 953
amended by striking out "$25,000,000 for the fiscal year 1979" and ^^ ^^^ ^^^^a.
inserting in lieu thereof "$21,800,000 for the fiscal year 1980".
ASSISTANCE FOR AFRICAN REFUGEES
SEC. 116. Section 495F of the Foreign Assistance Act of 1961 is f Stat. 953.
amended in the second sentence— ^^ ^^^ '^'^^'^^•
(1) by striking out "fiscal year 1979" and inserting in lieu
thereof "fiscal year 1980"; and
(2) by striking out "$15,000,000" and inserting in lieu thereof
"$14,920,000".
COMPLETION OF PLANS AND COST ESTIMATES
SEC. 117. Section 611(b) of the Foreign Assistance Act of 1961 is 22 use 2361.
amended by striking out "Memorandum of the President dated May
15, 1962" and inserting in lieu thereof "Principles and Standards for
Planning Water and Related Land Resources, dated October 25,
1973".
REPRESENTATION OF THE DEPARTMENT OF ENERGY ON THE
DEVELOPMENT COORDINATION COMMITTEE
SEC. 118. Section 640B(a) of the Foreign Assistance Act of 1961 is 22 use 2399c.
amended in the third sentence by inserting "Energy," immediately
after "Agriculture,".
REIMBURSABLE DEVELOPMENT PROGRAMS
SEC. 119. Section 661 of the Foreign Assistance Act of 1961 is Appropriation
amended in the first sentence by striking out "$3,000,000 of the funds ^^*£.°V^^£°"-
made available for the purposes of this Act for the fiscal year 1979" 22 use 2421
and inserting in lieu thereof "$3,800,000 of the funds made available
for the purposes of this Act for the fiscal year 1980".
OPERATING EXPENSES
SEC. 120. Section 667(a) of the Foreign Assistance Act of 1961 is 92 Stat. 960.
amended— 22 use 2427.
(1) by striking out "fiscal year 1979" and inserting in lieu
thereof "fiscal year 1980"; and
(2) in paragraph (1) by striking out "$261,000,000" and insert-
ing in lieu thereof "$263,000,000".
93 STAT. 366 PUBLIC LAW 96-53—AUG. 14, 1979
REGISTRATION OF PRIVATE VOLUNTARY AGENCIES
SEC. 121. Sections 123(b), 607(a), and 635(c) of the Foreign Assist-
92 Stat. 941; ance Act of 1961 and sections 104(f) and 202(a) of the Agricultural
22 u s e 2151u, Trade Development and Assistance Act of 1954 are amended by
2357, 2395. striking out Advisory Committee on Voluntary Foreign Aid" and
7 u s e 1704,
1722. "Advisory Committee wherever they appear and inserting in lieu
thereof "Agency for International Development".
MISCELLANEOUS REPEALS
22 u s e 2151c, SEC. 122. Section 105(c), the last sentence of section 111, sections 113
21511, 2151k. (b) and (c), and section 118(c) of the Foreign Assistance Act of 1961 are
92 Stat. 948.
22 u s e 2151p. repealed. Subsection (d) of section 113 of such Act is redesignated as
subsection (b).
MINORITY RESOURCE CENTER
SEC. 123. Section 133 of the International Development and Food
22 u s e 2151 Assistance Act of 1977 is amended by adding at the end thereof the
note. following new subsection:
"(c)(1) Upon the enactment of the International Development
Cooperation Act of 1979, the section on minority business established
pursuant to subsection (a) shall be redesignated as the Minority
Resource Center (hereafter in this section referred to as the 'Center)
which shall be responsible for increasing the participation of eco-
nomically and socially disadvantaged business enterprises in con-
tract, procurement, grant, and research and development activities
funded by the agency primarily responsible for administering part I
92 Stat. 937. of the Foreign Assistance Act of 1961 (hereafter in this section
22 u s e 2151. referred to as the 'agency').
Functions. "(2) The Center shall—
"(A) establish, maintain, and disseminate information to, and
otherwise serve as an information clearinghouse for, economi-
cally and socially disadvantaged business enterprises regarding
business opportunities in development assistance programs
funded by the agency;
"(B) design and conduct programs to encourage, promote, and
assist economically and socially disadvantaged business enter-
prises to secure direct contracts, host country contracts, oper-
ation expatriate contracts, indefinite quantity contracts,
subcontracts, projects, grants, and research and development
contracts in order for such enterprises to participate in such
development assistance programs;
"(C) conduct market research, planning, economic and busi-
ness analyses, and feasibility studies to identify business oppor-
tunities in such development assistance programs;
"(D) develop support mechanisms which will enable socially
and economically disadvantaged businesses to take advantage of
business opportunities in such development assistance programs;
and
"(E) enter into such contracts (to such extent or in such
amounts as are provided in appropriation Acts), cooperative
agreements, or other transactions as may be necessary in the
conduct of its functions under this section.
"(3) The Administrator of the agency and the Secretary of State
shall provide the Center with such relevant information, including
procurement schedules, bids, and specifications with respect to devel-
opment assistance programs funded by the agency, as may be
P U B L I C X A W 96-53—AUG. 14, 1979 93 STAT. 367
requested by the Center in connection with the performance of its
functions under this section.
"(4) There shall be a Director of the Center who shall be the chief
executive officer of the Center. The Director shall be appointed by the
Administrator of the agency.
"(5)(A) For the purposes of this section, the term 'economically and "Economically
socially disadvantaged enterprise' means a business— and socially
disadvantaged
"(i) which is at least 51 percent owned by one or more socially enterprise."
and economically disadvantaged individuals or, in the case of a
publicly owned business, at least 51 percent of the stock of which
is owned by one or more socially and economically disadvantaged
individuals; and
"(ii) whose management and daily business operations are
controlled by one or more such individuals.
"(B) Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of their
identity as a member of a group without regard to their individual
qualities.
"(C) Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free
enterprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business area
who are not socially disadvantaged. In determining the degree of
diminished credit and capital opportunities, the Administrator of the
agency shall consider, but not be limited to, the asssets and net worth
of the socially disadvantaged individual.
"(6) Not later than February 1 of each year, the Administrator of Report to
the agency shall submit to the Congress a report concerning the Congress.
activities of the Center during the preceding fiscal year.
"(7) Of the funds available to the agency for operating expenses, up Allocation
to $950,000 for fiscal year 1980 may be allocated to the Center to carry of funds.
out its functions under this section.
"(8) If the Administrator of the agency determines that such a Consolidation.
consolidation would significantly further the purposes of this section
and would eliminate unnecessary duplication of activity, the Admin-
istrator may consolidate the Center with the Office of Small and
Disadvantaged Business Utilization established in the agency by
section 15(k) of the Small Business Act. Any such consolidation shall 92 Stat. 1771.
ensure that all the functions specified in paragraph (2) of this 15 u s e 644.
Report to
subsection continue to be carried out. Before implementing any such Congress.
consolidation, the Administrator shall submit to the Congress a
detailed report setting forth the reasons for the proposed
consolidation.".
PROHIBITION ON ASSISTANCE TO PANAMA
SEC. 124. None of the funds authorized to be appropriated by this
title may be made available for assistance to the Republic of Panama,
its agencies or instrumentalities, unless the President determines
that assistance to Panama is in the national interest of the United
States.
ASSISTANCE TO LATIN AMERICAN AND CARIBBEAN COUNTRIES
SEC. 125. It is the sense of the Congress that the United States 22 u s e 2151
should place greater emphasis on public and private resources for note.
development programs in Latin America and the Caribbean which
address problems common to the Western Hemisphere. It is further
93 STAT. 368 PUBLIC LAW 96-53—AUG. 14, 1979
the sense of the Congress that provision of such assistance to Latin
American and Caribbean countries, including transitional develop-
ing countries, is consistent with the purposes of part I of the Foreign
92 Stat. 937. Assistance Act of 1961.
22 u s e 2151.
INCREASED CONTRIBUTIONS FOR DEVELOPMENT ASSISTANCE
22 use 2151 SEC. 126. In recognition of the rapidly growing economic strength
"°*® and ability to contribute to international development and security
efforts of other nations, it is the sense of the Congress that the
President should take all appropriate steps to negotiate with those
nations with adequate financial resources to provide assistance to
increase their contributions for development assistance through
multilateral programs as well as through bilateral efforts.
TITLE II—FOOD FOR PEACE
INCREASING DEMAND FOR FOOD AND ENCOURAGING LOCAL FOOD
PRODUCTION
SEC. 201. Section 108(f) of the Agricultural Trade Development and
7 use 1703. Assistance Act of 1954 is amended to read as follows:
"(f) give consideration to the development and expansion of
markets for United States agricultural commodities and local
foodstuffs by increasing the effective demand for agricultural
commodities through the support of measures to stimulate equi-
table economic growth in recipient countries, with appropriate
emphasis on developing more adequate storage, handling, and
food distribution facilities;".
ROLE OF INDIGENOUS INSTITUTIONS AND WORKERS
SEC. 202. Section 202(b)(2) of the Agricultural Trade Development
7 use 1722. and Assistance Act of 1954 is amended to read as follows:
"(2) In order to assure that food commodities made available under
this title are used effectively and in the areas of greatest need,
entities through which such commodities are distributed shall be
encouraged to work with indigenous institutions and employ indig-
enous workers, to the extent feasible, to assess nutritional and other
needs of beneficiary groups, help these groups design and carry out
mutually acceptable projects, recommend ways of making food assist-
ance available that are most appropriate for each local setting,
supervise food distribution, and regularly evaluate the effectiveness
of each project.".
ALLEVIATING THE CAUSES OF THE NEED FOR TITLE II ASSISTANCE
SEC. 203. Section 206 of the Agricultural Trade Development and
7 use 1726. Assistance Act of 1954 is amended by amending clause (3) of the first
sentence to read as follows: "(3) such agreement provides that the
currencies will be used for (A) alleviating the causes of the need for
the assistance in accordance with the purposes and policies specified
Ante, p. 359. in section 103 of the Foreign Assistance Act of 1961, or (B) programs
and projects to increase the effectiveness of food distribution and
increase the availability of food commodities provided under this title
to the neediest individuals in recipient countries.".
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 369
INCENTIVES FOR ENTERING INTO FOOD FOR DEVELOPMENT PROGRAMS
SEC. 204. (a) Section 301(a) of the Agricultural Trade Development
and Assistance Act of 1954 is amended— 7 u s e 1727.
(1) in the first sentence, by inserting ", or the dollar sales value
of the commodities themselves," immediately after "the local
sale of such commodities"; and
(2) in the second sentence, by striking out "of funds from the
sale of such commodities in the participating country" and
inserting in lieu thereof "in the participating country of funds
from the sale of such commodities or of the commodities
themselves".
(b) Section 305 of such Act is amended by adding at the end thereof 92 Stat. 955.
7 u s e 1727d.
the following new subsection:
"(c) When agricultural commodities made available under this title
are used by the participating country in development projects in
accordance with the applicable Food for Development Program, the
dollar sales value of such commodities shall be applied, in accordance
with subsections (a) and (b) of this section, against repayment
obligations of that country under this Act, with the value of the
commodities so used being deemed to be disbursements made at the
time of such use.".
(c) Section 303(a) of such Act is amended by striking out "for each 7 use I727b
year such funds are to be disbursed" in the second sentence.
PARTICIPATION OF AMERICAN AGRICULTURE IN FOOD FOR
DEVELOPMENT PROGRAMS
SEC. 205. Section 302(c) of the Agricultural Trade Development and
Assistance Act of 1954 is amended by adding at the end thereof the 7 use 1727a.
following new paragraph:
"(4) In developing and carrying out Food for Development Pro-
grams under this title, consideration shall be given to using the
capability and expertise of American agriculture, in partnership with
indigenous individuals and organizations, in furthering economic
development and increased food production.".
FULL FORGIVENESS OF REPAYMENT OBUGATIONS UNDER FOOD FOR
DEVELOPMENT PROGRAMS
SEC. 206. Section 305(a) of the Agricultural Trade Development and
Assistant Act of 1954 is amended by adding at the end thereof the 92 Stat. 955.
following: "Disbursements of funds from the special account in an 7 u s e 1727d.
amount equivalent to the dollar value of the credit furnished by the
Commodity Credit Corporation under section 304(a) shall be deemed
to be payment of all installments of principal and interest payable
thereon for the commodities purchased by the participating country
for purposes of this title.".
REPORTS UNDER TITLE III
SEC. 207. (a) Section 306 of the Agicultural Trade Development and
Assistance Act of 1954 is amended by inserting in the first sentence 7 USC I727e
"a detailed description of how the commodities were used or"
immediately before "a specific".
(b) The first sentence of section 307(a) of such Act is amended to Annual
Presidential
read as follows: "Each year the President shall review all agreements review.
providing for the use under this title of the proceeds from the sale of 7 u s e 1727f.
agricultural commodities, or of the commodities themselves, with
59-194 O — 81 26 : QL3
93 STAT. 370 PUBLIC LAW 96-53—AUG. 14, 1979
respect to which there was not full disbursement during the preced-
ing fiscal year.".
AVOIDING INTERFERENCE WITH PRODUCTION OR MARKETING IN
RECIPIENT COUNTRIES
SEC. 208. Section 401(b) of the Agricultural Trade Development and
7 use 1731. Assistance Act of 1954 is amended in clause (2)—
(1) by inserting "or interference with" immediately after "to";
and
(2) by inserting "or marketing" immediately after "produc-
tion".
DETERMINATION OP COMMODITY NEEDS AND PROGRAM BENEFICIARIES
IN EACH COUNTRY
SEC. 209. Section 404 of the Agicultural Trade Development and
7 use 1734. Assistance Act of 1954 is amended to read as follows:
"SEC. 404. (a) The programs of assistance conducted under this Act,
and the types and quantities of agricultural commodities to be made
available, shall be directed in the national interest toward the
attainment of humanitarian and developmental objectives as well as
the development and expansion of United States and recipient
country agricultural commodity markets. To the maximum extent
possible, either the commodities themselves shall be used to improve
the economic and nutritional status of the poor through effective and
sustainable programs, or any proceeds generated from the sales of
agicultural commodities shall be used to promote policies and pro-
grams that benefit the poor.
Country "(b) CJountry assessments shall be carried out whenever necessary
assessments. jjj QJ-^QJ. ^Q determine the types and quantities of agricultural
commodities needed, the conditions under which commodities should
be provided and distributed, the relationship between United States
food assistance and other development resources, the development
plans of that country, the most suitable timing for commodity
deliveries, the rate at which food assistance levels can be effectively
used to meet nutritional and developmental needs, and the country's
potential as a new or expanded market for both United States
agricultural commodities and recipient country foodstuffs.".
COMMODITIES FOR MULTIYEAR DEVELOPMENT PURPOSES
SEC. 210. Title IV of the Agricultural Trade Development and
Assistance Act of 1954 is amended by adding at the end thereof the
following new section:
7 use I736g. "SEC 413. In order to best meet the humanitarian and developmen-
tal purposes of this Act, commodities provided under this Act for
developmental purposes shall be made available, to the maximum
extent practicable, on a multiyear basis when necessary for the most
effective accomplishment of these purposes.".
TITLE III—PEACE CORPS
AUTHORIZATION OP APPROPRIATIONS
92 Stat. 414. SEC. 301. Section 3 of the Peace Corps Act is amended—
22 use 2502. (1) jjj subsection (b), by striking out the matter before the first
proviso and inserting in lieu thereof the following: "There are
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 371
authorized to be appropriated to carry out the purposes of this
Act for fiscal year 1980 not to exceed $105,404,000"; and
(2) in subsection (c), by striking out "for fiscal year 1978,
$1,069,000, and for fiscal year 1979" and inserting in lieu thereof
"for fiscal year 1980".
PEACE CORPS PERSONNEL
SEC. 302. Section 7(a) of the Peace C!orps Act is amended by adding 22 use 2506.
at the end thereof the following new paragraph:
"(4) Until such time as the Congress enacts Foreign Service
personnel reform legislation which amends or otherwise supersedes
this paragraph, a person who has received a Foreign Service Reserve
or staff appointment or assignment under this subsection may, not
later than three years after the effective date of this paragraph or
after separation from such appointment or assignment, whichever is
later, be appointed to a position in any United States department,
agency, or establishment—
"(A) in the competitive service under title 5, United States
Code, without competitive examination and in accordance with 5 use 101
such regulations and conditions consistent with this subsection «t seq.
as may be prescribed by the Director of the Office of Personnel
Management, or
"(B) in an established merit system in the excepted service,
if such person (i) served satisfactorily under the authority of this
subsection, as certified by the President, for not less than thirty-six
months on a substantially continuous basis, and (ii) is qualified for
the position in question.".
TITLE IV—INSTITUTE FOR SCIENTIFIC AND
TECHNOLOGICAL COOPERATION
STATEMENT OF POUCY
SEC. 401. As declared by Congress in the Foreign Assistant Act of 22 use 3501.
1961, a principal objective of the foreign policy of the United States is 22 use 2151
the encouragement and sustained support of the people of developing ^'^^^
countries in their efforts to acquire the knowledge and resources
essential to development and to build the economic, political, and
social institutions which will improve the quality of their lives. The
Congress reaffirms the profound humanitarian and foreign policy
concerns of the United States in the economic and social progress of
the developing countries and in the alleviation of the worst physical
manifestations of poverty in these countries.
In furtherance of that objective, the Congress recognizes that
developing countries require extensive scientific and technological
capacity in order to deal effectively with their development problems,
relate to the industrialized nations, and constructively participate in
the shaping of a stable world order.
It is therefore in the mutual interest of the United States and the
developing countries to increase scientific and technological coopera-
tion and jointly to support long-term research on critical problems
that impede development and limit the efficient use of the world's
human, natural, and capital resources.
93 STAT. 372 PUBLIC LAW 96-53—AUG. 14, 1979
PURPOSES AND ESTABLISHMENT OF THE INSTITUTE
Establishment. SEC. 402. (a) To strengthen the capacity of the people of developing
22 u s e 3502. countries to solve their development problems through scientific and
technological innovation, to foster research on problems of develop-
ment, and to facilitate scientific and technological cooperation with
developing countries, the President is authorized to establish an
Institute for Scientific and Technological Cooperation (hereafter in
this title referred to as the "Institute"), which shall be subject to the
foreign policy guidance of the Secretary of State.
(b) The Institute shall be guided by the policies set forth in sections
92 Stat. 937. 101 and 102 of the Foreign Assistance Act of 1961 and shall direct a
22 u s e 2151, substantial share of its resources to those objectives.
2151-1.
FUNCTIONS OF THE INSTITUTE
22 u s e 3503. SEC. 408. (a) In carrying out its purposes, the Institute shall—
(1) assist developing countries to strengthen their own scien-
tific and technological capacity in order for them to undertake
the research and experimentation necessary for development;
(2) support research, in the United States and in developing
countries, on critical development problems, with emphasis on
research relating to technologies which are labor-intensive or
which do not generate additional unemployment or underem-
ployment and with emphasis on those problems which are the
greatest impediment to improvement in the lives of the majority
of the poor;
(3) foster the exchange of scientists and other technological
experts with developing countries, and other forms of exchange
and communication to promote the joint solution of problems of
mutual concern to the United States and developing countries;
(4) advise and assist other agencies of the United States
Government in planning and executing policies and programs of
scientific and technological cooperation with developing coun-
tries;
(5) facilitate the participation of private United States institu-
tions, businesses, and individuals in scientific and technological
cooperation with developing countries; and
(6) gather, analyze, and disseminate information relevant to
the scientific and technological needs of developing countries.
(b) In carrying out the functions specified in subsection (a), the
Institute shall take particular care to review all of its programs,
projects, and other activities to ensure that technologies which are
developed, utilized, or promoted are assessed with regard to minimiz-
ing any new problems and that participants in such programs,
projects, and activities are fully aware of the need for such review
with respect to any technology-related activities for which the are
responsible.
(c) For purposes of carrying out the functions of the Institute, the
President may utilize, in addition to authorities conferred by this
22 u s e 2151 title, such authority contained in the Foreign Assistance Act of 1961,
note. the Foreign Service Act of 1946, title V of the Foreign Relations
22 u s e 801
note. Authorization Act, Fiscal Year 1979, and title IV of the International
92 Stat. 982. Development and Food Assistance Act of 1978, as the President
22 u s e 2656a. deems necessary,
92 Stat. 956. (d) The Institute shall carry out its functions in consultation and
22 u s e 2385a.
cooperation with the agencies of the United States Government,
international organizations, and agencies of other governments
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 373
engaged in promoting economic, social, and technological develop-
ment in developing countries.
(e) The President shall prescribe appropriate procedures to assure Coordination
coordination of the activities of the Institute with other activities of procedures.
the United States Government in furthering the use of science and
technology in the cause of development.
GENERAL AUTHORITIES
SEC. 404. (a) To carry out the purposes and functions of the 22 use 3504.
Institute, the President may—
(1) make and perform contracts and other agreements with any
individual, institution, corporation, or other body of persons
however designated, within or outside the United States, and
with governments or government agencies, domestic or foreign;
(2) make advances, grants, and loans to any individual, institu-
tion, corporation, or other body of persons however designated,
within or outside the United States, and to governments or
government agencies, domestic or foreign;
(3) employ such personnel as necessary and fix their compensa-
tion;
(4) make provision for compensation, transportation, housing,
subsistence (or per diem in lieu thereof), and health care or
health and accident insurance for foreign nationals engaged in
activities authorized by this title while they are away from their
homes, without regard to the provisions of any other law;
(5) accept and use money, funds, property, and services of any
kind by gift, devise, bequest, grant, or otherwise in furtherance of
the purposes of the Institute;
(6) acquire by purchase, lease, loan, bequest, or gift and hold
and dispose of by sale, lease, loan, or grant, real and personal
property of all kinds;
(7) prescribe, amend, and repeal such rules and regulations as
may be necessary to the conduct of the business of the Institute;
(8) utilize information, services, facilities, officers, and em-
ployees of any agency of the United States Government;
(9) establish a principal office in the United States and such
other offices within or outside the United States, as may be
necessary;
(10) make such expenditures as may be necessary for adminis-
tering the provisions of this title;
(11) adopt, alter, and use an official seal for the Institute, which
shall be judicially noticed; and
(12) take such other actions as may be necessary and incident
to carrying out the functions of the Institute.
(b) Any authority provided by this section involving the expendi-
ture of appropriated funds shall be effective for a fiscal year only to
such extent or in such amounts as are provided in appropriation Acts.
DIRECTOR OF THE INSTITUTE
SEC. 405. (a) There shall be a Director of the Institute (hereafter in 22 use 3505.
this title referred to as the "Director") who shall be the chief
executive officer of the Institute. The Director shall be appointed by Appointment,
the President, by and with the advice and consent of the Senate, and compensation.
shall receive compensation at the rate payable for level III of the
Executive Schedule under section 5314 of title 5 of the United States
Code.
93 STAT. 374 PUBLIC LAW 96-53—AUG. 14, 1979
(b) The President may exercise any authorities conferred upon him
by this title through the Director or any other agency or officer of the
United States Government as he shall direct. The Director or head of
any such agency or any such officer may delegate to any of his
subordinates authority to perform any of such functions.
DEPUTY DIRECTOR AND OTHER STATUTORY OFFICERS
22 use 3506. SEC. 406. (a) A Deputy Director of the Institute shall be appointed
by the President, by and with the advice and consent of the Senate.
Compensation The Deputy Director shall receive compensation at the rate payable
for level IV of the Executive Schedule under section 5315 of title 5 of
the United States Code,
(b) The Deputy Director shall perform such duties and exercise
such powers as the Director may prescribe.
Additional (c) The President may establish up to two additional positions in
positions. tjje Institute to be compensated at the rate payable for level V of the
Executive Schedule under section 5316 of title 5 of the United States
Code.
COUNCIL ON INTERNATIONAL SCIENTIFIC AND TECHNOLOGICAL
COOPERATION
Establishment. SEC. 407. (a) In order to further the purposes of the Institute, the
22 u s e 3507. President is authorized to establish a Council on International
Scientific and Technological Cooperation (hereafter in this title
referred to as the "Council").
Functions. (b)(1) The Council shall—
(A) advise the Director with respect to the policies, programs,
planning, and procedures of the Institute;
(B) make recommendations to the Director on the use of the
resources available to the Institute; and
(C) advise the Director on matters involving the activities of
the Institute overseas and appropriate relationships with the
private sector, within and outside the United States.
Report. (2) The Council shall prepare an annual report setting forth the
major recommendations made and advice given pursuant to para-
graph (1) of this subsection.
(c) The Director shall seek the advice of the Council before making
any decision with respect to the selection or termination of, or any
significant change in, the areas and issues in which the Institute
conducts its activities, and with respect to the transfer of specific
programs and projects from any other Government agency to the
New programs, Institute. The Council shall have the authority to review all new
review. programs and initiatives before their implementation and to make
recommendations with regard to the approval or disapproval of new
programs and initiatives having a cost in excess of $500,000 or a
duration greater than two years.
Membership. (d) The Council shall consist of up to twenty-five members
appointed by the President, one of whom the President shall desig-
Terms of nate as Chairman. The members of the Council shall be appointed for
office. terms of four years, except that the members first appointed shall be
appointed for terms of one, two, three, or four years, as designated by
the President at the time of their appointment, so that the terms of
approximately one-fourth of the members of the Council expire in
any year. The members of the Council shall be selected from among—
(1) citizens of the United States who are widely recognized for
their broad knowledge of, or expertise in, science and technology,
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 375
or their interest in the scientific and technological problems of
developing countries;
(2) citizens of foreign countries who by their knowledge and
expertise are capable of providing advice and guidance to the
Institute on the application of science and technology to the
problems of developing countries, except that not more than one-
third of the membership of the Council shall consist of members
who are citizens of foreign countries; and
(3) officials of the United States Government, except that not to
exceed five members of the Council may be appointed under this
paragraph, one of whom shall be the Secretary of State or his
designee.
(e) Members of the Council who are not officials of the United Compensation.
States Government shall be entitled to compensation, not to exceed
the daily equivalent of the highest rate which may be paid to an
employee under the General Schedule established by section 5332 of
title 5 of the United States Code, while in the performance of their
duties under this title, and to reimbursement for expenses and per
diem in lieu of subsistence while away from their homes or regular
places of business in the same manner as persons employed intermit-
tently in Government service are allowed expenses under section
5703 of title 5 of the United States Code. Members of the Council who
are not officials of the United States Government shall not be deemed
officers, employees, or otherwise in the service or employment of the
United States Government for any purpose, except that members of
the Council who are United States citizens shall be deemed Govern-
ment employees for the purposes of sections 202, 203, 205, 207, 208,
and 209 of title 18 of the United States Code.
(f) The Council may appoint from among its members an Executive Executive
Committee, and such other committees it deems necessary, to assist it Committee,
in exercising its powers and functions. The Executive Committee appointment.
shall consist of seven members, one of whom shall be the Chairman of
the Council and not more than three of whom shall be employees of
the United States Government. The Executive Committee shall
exercise such powers and functions as are delegated to it by the
Council.
INSTITUTE FELLOWSHIPS
SEC. 408. (a) The President is authorized to award up to twenty 22 USC 3508.
fellowships annually for periods up to two years, such awards to be
renewable for an additional period not to exceed two years, to
individuals who have demonstrated exceptional competence and
ability in the fields of scientific, technological, economic, or social
endeavor selected by the Institute for concentration. The awards
shall be made so as to encompass a wide diversity of disciplines and
backgrounds, and shall be made on the basis of criteria established by
the President upon the advice of the Council. Up to ten of the awards
in any year may be made to citizens of countries other than the
United States. Individuals awarded fellowships shall be designated as Designation.
Institute Fellows.
(b) The President may assign Institute Fellows to undertake such
activities, in the United States or abroad, as will further the purposes
of the Institute.
(c) The amount of the awards made pursuant to this section shall be Amount of
established by the President, but shall not in any case exceed the awards,
highest rate which may be paid to an employee under the General
Schedule established by section 5332 of title 5 of the United States
93 STAT. 376 PUBLIC LAW 96-53—AUG. 14, 1979
Added benefits. Code. In addition, where appropriate, the President may make
provisions for transportation, housing (when assigned outside coun-
try of residence), subsistence (or per diem in lieu thereof), and health
care or health or accident insurance for Institute Fellows and their
dependents while engaged in activities authorized by this title.
(d) Except as provided otherwise in this section. Institute Fellows
shall not be deemed employees or otherwise in the service or
employment of the United States Government. Institute Fellows
shall be considered employees for purposes of compensation of inju-
5 u s e 8101 ries under chapter 81 of title 5 of the United States Code and the tort
et seq. claim provisions of chapter 171 of title 28 of the United States Code.
28 u s e 2671
et seq. In addition. Institute Fellows who are United States citizens shall be
considered Government employees for purposes of sections 202, 203,
205,207,208, and 209 of title 18 of the United States Code.
Alien (e) Alien participants in any program of the Institute, including
participants. Institute Fellows and their dependents, may be admitted to the
United States, if otherwise qualified as non-immigrants under section
8 u s e 1101. 101(a)(15) of the Immigration and Nationality Act, for such time and
under such conditions as may be prescribed by regulations promul-
gated by the Secretary of State and the Attorney General.
CONFUCT OF INTEREST
22 use 3509. SEC. 409. Members of the Council and Institute Fellows shall avoid
any action, in their activities with respect to the Institute, which
might result in, or create the appearance of, a conflict of interest,
including but not limited to—
(1) using their office or position for private gain;
(2) giving preferential treatment to any person;
(3) making recommendations or decisions relating to any
activity authorized by this title in other than an impartial and
independent manner;
(4) misusing Government property or official information
obtained through their office or position which has not been
made available to the general public; or
(5) affecting adversely the confidence of the public in the
integrity of the Institute.
AUTHORIZATION OF APPROPRIATIONS
22 use 3510. SEC. 410. There are authorized to be appropriated to the President
to carry out this title, in addition to funds otherwise available for
such purpose, $23,750,000 for the fiscal year 1980. Funds appropriated
under this section are authorized to remain available until expended.
ANNUAL REPORT
Report to SEC. 411. (a) Within ninety days after the end of each fiscal year, the
eongress. President shall submit to Congress a complete and detailed report of
22 u s e 3511.
the Institute's operations during such fiscal year. Each such report
shall include a detailed discussion of the impact of the programs of
the Institute on development and shall specify what percentage of the
Institute's funds (excluding funds used for operating expenses) were
used during such fiscal year for activities which further the policies
92 Stat. 938. set forth in section 102 of the Foreign Assistance Act of 1961.
22 u s e 2151-1. (b) Each such report shall include the report prepared by the
Council pursuant to section 407(b)(2).
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 377
CONFORMING AMENDMENTS
SEC. 412. (a) Section 5314 of title 5 of the United States Code, 5 USC 5314.
relating to level III of the Executive Schedule, is amended by adding
at the end thereof the following:
"(70) Director, Institute for Scientific and Technological Coop-
eration.".
(b) Section 5315 of title 5 of the United States Code, relating to level
IV of the Executive Schedule, is amended by adding at the end
thereof the following:
"(128) Deputy Director, Institute for Scientific and Technologi-
cal Cooperation.".
(c) Section 5316 of title 5 of the United States Code, relating to level
V of the Executive Schedule, is amended by adding at the end thereof
the following:
"(152) Additional officers. Institute for Scientific and Techno-
logical Cooperation (2).".
E S T A B U S H M E N T I N INTERNATIONAL DEVELOPMENT COOPERATION
AGENCY
SEC. 413. Upon the establishment of the United States Interna- 22 use 3512.
tional Development Cooperation Agency pursuant to Reorganization
Plan Numbered 2 of 1979, the Institute shall be established within 93 Stat. 1378.
such Agency.
EXPIRATION OF AUTHORITIES
SEC. 414. The authorities contained in this title shall expire on 22 use 3513.
September 30,1984.
TITLE V-MISCELLANEOUS PROVISIONS
EARMARKING FOR LEBANON OF UNOBLIGATED BALANCES IN THE
MIDDLE EAST SPECIAL REQUIREMENTS FUND
SEC. 501. Of the funds continued available for the fiscal year 1979
for the Middle East Special Requirements Fund by section 103 of the
Foreign Assistance and Related Programs Appropriations Act, 1979, 92 Stat. 1595.
which are unobligated on the date of enactment of this Act,
$5,000,000 shall be available only for Lebanon and may hereafter be
continued available only for such country.
MILITARY ASSISTANCE TO SUDAN
SEC. 502. In addition to the amount authorized to be appropriated Appropriation
for grant military assistance for the fiscal year 1980 by section OO*T^QS^QI9°'
504(a)(1) of the Foreign Assistance Act of 1961, there is authorized to note.
be appropriated to carry out the purposes of chapter 2 of part II of 22 USC 2312.
that Act for the fiscal year 1980 $1,700,000. Not more than $1,700,000 22 use 2311.
of the funds available to carry out that chapter for the fiscal year
1980 may be allocated and made available for assistance for Sudan.
For purposes of the last sentence of section 504(a)(1) and for purposes
of section 515(bXl) of the Foreign Assistance Act of 1961, this section 22 use 232ii.
shall be deemed to be part of such section 504(a)(1).
93 STAT. 378 PUBLIC LAW 96-53—AUG. 14, 1979
UNIFIED PERSONNEL SYSTEM
SEC. 503. (a) Section 401(a) of the International Development and
22 u s e 2385a. Food Assistance Act of 1978 is amended by striking out "March 15"
and inserting in lieu thereof "May 1".
Effective (b) The amendment made by subsection (a) shall be effective as of
date. March 15,1979.
22 u s e 2385a HUMAN RIGHTS REPORTS
note.
SEC. 504. (a) Paragraph (1) of section 116(d) of the Foreign Assist-
22 u s e 2151n. ance Act of 1961 is amended to read as follows:
"(1) the status of internationally recognized human rights,
within the meaning of subsection (a)—
"(A) in countries that receive assistance under this part,
and
"(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject
of a human rights report under this Act; and".
Report to (b) Not later than November 15, 1979, the Secretary of State shall
eongress. suljmit to the Speaker of the House of Representatives and the
22 u s e 2151m chairman of the Committee on Foreign Relations of the Senate a
note.
report on the impact on the foreign relations of the United States of
the reports required by the Foreign Assistance Act of 1961 on the
human rights practices of foreign governments.
PROHIBITION ON ASSISTANCE TO AFGHANISTAN
SEC. 505. Chapter 1 of part III of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
22 use 2374. "SEC. 620D. PROHIBITION ON ASSISTANCE TO AFGHANISTAN.—(a)
None of the funds authorized to be appropriated under this Act may
be used to furnish assistance to Afghanistan nor may funds author-
ized to be appropriated under this Act before October 1, 1979, be
expended for assistance to Afghanistan until the President certifies
to the Congress that—
"(1) the Government of Afghanistan has apologized officially
and assumes responsibility for the death of Ambassador Adolph
Dubs; and
"(2) the Government of Afghanistan agrees to provide ade-
quate protection for all personnel of the United States Govern-
ment in Afghanistan.
"(b) The provisions of subsection (a) shall not apply if the President
determines that such assistance is in the national interest of the
United States because of substantially changed circumstances in
Afghanistan.".
PROHIBITION O N A S S I S T A N C E TO VIETNAM, CAMBODIA, AND CUBA
22 u s e 2151 SEC. 506. Funds authorized to be appropriated in this Act shall not
note. be used for any form of aid, either by monetary payment or by the
sale or transfer of any goods of any nature, to the Socialist Republic of
Vietnam, Cambodia, or Cuba.
NON-PROUFERATION OF NUCLEAR WEAPONS
SEC. 507. (a) In accordance with the Nuclear Non-Proliferation Act
92 Stat. 120. of 1978, the Congress strongly urges all nations which are not parties
22 u s e 3201
note.
PUBLIC LAW 96-53—AUG. 14, 1979 93 STAT. 379
to the Treaty on Non-Proliferation of Nuclear Weapons to become
parties to that treaty.
(b) Not later than November 1, 1979, the Secretary of State shall Report
submit to the Speaker of the House of Representatives and the *« Congress.
chairman of the Committee on Foreign Relations of the Senate, a
report specifying, on a country-by-country basis, what efforts the
Department of State has made to encourage nations which are not
parties to the Treaty on Non-Proliferation of Nuclear Weapons to
become parties to that treaty.
ACCELERATED LOAN REPAYMENTS
SEC. 508. (a) Chapter 1 of part I of the Foreign Assistance Act of
1961, as amended by section 110 of this Act, is further amended by Ante, p. 363.
adding at the end thereof the following new section:
"SEC. 127. ACCELERATED LOAN REPAYMENTS.—The Administrator of 22 use 2i5iy.
the agency primarily responsible for administering this part shall
conduct an annual review of bilateral concessional loan balances and
shall determine and identify those countries whose financial
resources make possible accelerated loan repayments. In particular,
European countries that were recipients of concessional loans by
predecessor agencies to the agency primarily responsible for adminis-
tering this part shall be contacted to negotiate accelerated repay-
ments. The criteria used by the Administrator in making these
determinations shall be established in conjunction with the Commit-
tee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.'.
(b) The annual reports on foreign assistance which are submitted to 22 USC 2l51y
the Congress in 1980 and 1981 pursuant to section 634 of the Foreign note.
Assistance Act of 1961 shall describe the efforts made to negotiate 92 Stat. 957.
accelerated loan repayments in accordance with the amendment 22 USC 2394.
made by subsection (a) of this section.
REFUGEE CRISIS I N SOUTHEAST ASIA
SEC. 509. (a)(1) The refugee crisis in Indochina is unfolding as one of 22 USC 2151
the great human tragedies of our time. note.
(2) At least seven hundred and fifty thousand human beings have
fled Vietnam, Kampuchea, and Laos since the spring of 1975.
(3) Approximately three hundred thousand human beings cur-
rently remain in refugee camps throughout Southeast Asia.
(4) As many as two hundred and fifty thousand human beings may
have perished in their attempts to reach freedom and many thou-
sands more face death should the present situation continue.
(5) The international borders are closing to the refugees fleeing
from Indochina.
(6) The international community has failed to respond adequately
to the crisis, despite the existence of adequate mechanisms to
respond.
(b) It is the sense of the Congress that the President should
continue to support the efforts of the Secretary General of the United
Nations to use appropriate fora to deal with the refugee crisis in
Southeast Asia.
(c) The President shall study the prospects for permanent resettle- Report,
ment of Indochinese refugees, in conjunction with bilateral and
multilateral development assistance programs, so that no disruption
of the economy of a host country would result. The President shall Report
periodically report the results of this study to the Congress, with a ^ Congress.
93 STAT. 380 PUBLIC LAW 96-53—AUG. 14, 1979
preliminary report to be submitted no later than one hundred and
twenty days after the date of enactment of this Act.
CERTAIN TRAVEL EXPENSES
SEC. 510. Section 5924(4)(B) of title 5, United States Code, is
amended by striking out "one annual trip each way for each depend-
ent of an employee of the Department of State or the United States
Information Agency, or" and inserting in lieu thereof "(i) in the case
of dependents traveling to obtain secondary education, one annual
trip, or in the case of dependents traveling to obtain undergraduate
college education, two annual trips, each way for each dependent of
an employee of the Department of State, of the International Commu-
nication Agency, or of the Agency for International Development,
or(ii)".
HUMAN RIGHTS
22 use 2304. SEC. 511. Section 502B of the Foreign Assistance Act of 1961 is
amended by adding at the end thereof the following new subsection:
"(e) Notwithstanding any other provision of law, funds authorized
to be appropriated under part I of this Act may be made available for
the furnishing of assistance to any country with respect to which the
President finds that such a significant improvement in its human
rights record has occurred as to warrant lifting the prohibition on
furnishing such assistance in the national interest of the United
States.".
EFFECTIVE DATES
22 use 2151 SEC. 512. (a) Except as provided in subsection (b) of this section and
note. in section 5030)), this Act shall take effect on October 1, 1979.
(b) Sections 11403), 123, 501, and 509 of this Act shall take effect on
the date of enactment of this Act.
Approved August 14, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-79 (Comm. on Foreign Affairs) and No. 96-397 (eomm. of
SENATE REPORTS: No. 96-137 accompanying S. 588 (Comm. on Foreign Relations)
and No. 96-196 accompanying S. 588 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Apr. 4, 5, 9, 10, considered and passed House.
June 18, 19, S. 588 considered in Senate.
June 19, H.R. 3324 considered and passed Senate, amended, in lieu of S. 588.
July 31, Senate agreed to conference report.
Aug. 2, House agreed to conference report.